R v Faure (CR 68/2019) [2020] SCSC 446 (12 February 2020)

R v Faure (CR 68/2019) [2020] SCSC 446 (12 February 2020)

Given the small quantity of a class A drug, absence of aggravating factors, and the convict's guilty plea and remorse, a custodial sentence is not necessary; a suspended sentence and fine are appropriate.

Citation
[2020] SCSC 446
Parties
Petitioner: The Republic; Respondent: Richard Faure (Mr. Gabriel)
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
12 February 2020
Case Number
CR 68/2019
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Sentencing, Drug Offences, Mitigation
Source Language
English
Criminal Law Sentencing Drug Offences Mitigation

Case Brief

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Parties

The Republic

Petitioner

Richard Faure (Mr. Gabriel)

Respondent

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for possession of a class A drug

Ratio Decidendi

Given the small quantity of a class A drug, absence of aggravating factors, and the convict's guilty plea and remorse, a custodial sentence is not necessary; a suspended sentence and fine are appropriate.

Court Disposition

convicted and sentenced

Orders

  • 1 year imprisonment suspended for 2 years on condition of no similar offence
  • fine of SCR 10,000 to be paid within 6 months, payable by instalment